He Can't Move His Arms, But He Can Bear Them

Judge says quadriplegic has the right to buy a gun, shoot with a breathing tube

By TERESA MASTERSON

Updated 10:34 AM EDT, Fri, Nov 13, 2009

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A N.J. man who cannot move his arms still has the right to bear arms, a New Jersey superior court judge said Tuesday.

For the past two years Manville’s police chief has denied James Cap, 46, his second ammendment rights by not allowing him to have a firearms ID card—a requirement to purchase a gun in the state of New Jersey.

Cap was an avid hunter as a teenager, before he broke his neck and became paralyzed in a high school football game 30 years ago. For the past two-and-a-half years, he’s wanted to buy a gun and hunt again, even though he is confined to an electronic wheel chair.

Cap sued for the right to buy a shotgun, so that he can mount it on his wheelchair. He will shoot it with a special breathing tube.

Superior Court Judge John Pursel said there is “no reason” Cap should be denied a firearms ID card, reports the Star-Ledger.

“I hope you enjoy the use of your firearm,” Pursel said before signing an order allows him a permit as long as his guns are stored in a safe and qualified people assist him with the weapons.